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March 12, 2017


As pleased as I am to see this uber-troll take it on the chin, yet again I'm bothered by this being done through 101 rather than 102, 103 or 112. The fact this these sorts of invalidations have become routine shouldn't inure us to their wrongness.

What (if anything) does the spoof packet contribute to the feast?

The written description does not explain very well, and the claim considered by the court says nothing much about it.

There does not seem to be anything novel which falls into an eligible category and contributes new utility. So the case for positive compliance seems weak.

Mr. Cole,

What, if anything, is this "positive compliance" that you speak of?

You seem to have lost your way and look to a requirement that is not there in US law (leastwise, not there in the law written by Congress - you seem of late enamored with a differently written law, that being one written by the judicial branch).

The item that be novel not need be falling into an eligible category, the eligible category is not parsed down to the elements (novel or otherwise) and is instead taken (by the law as written by Congress) to the claim as a whole.

Likewise with utility.

If you are going to dabble in the US jurisprudence, perhaps you should heed some advice: it is ok to have an open mind, but do not have such an open mind that your brain falls out.

The comments to this entry are closed.

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